Whether the Ninth Circuit contravened Whitmore v. Arkansas in upholding a capital inmate's waiver of the right to proceed absent a colloquy demonstrating the waiver was knowing, intelligent, and voluntary?

Where there are substantial defects in a state court's fact-finding process regarding whether a capital inmate waived the right to proceed, such as the absence of a colloquy to determine whether the waiver was knowing, intelligent, and voluntary, should a federal court apply 28 U.S.C. § 2254(e)(1)'s presumption of correctness to the state court's waiver finding?

Whether the Ninth Circuit contravened Whitmore v. Arkansas in upholding a capital inmate's waiver of the right to proceed absent a colloquy demonstrating the waiver was knowing, intelligent, and voluntary?